The History Of Illegal & Legal Drug Testing in The US

Remember that you have a right to know what type of test you’re taking before you ever head in to take the test. For those who are nervous about the test, knowing can help ease your anxiety and keep you confident in your results.

Is Drug Testing Legal

When it comes to the Supreme Court, blood and urine tests have been found to be minimally invasive. When it comes to federal laws surrounding drug testing in the workplace, the Drug-Free Workplace Act of 1988 is the most referenced law. Although we will get into the development of this law later, the short and sweet version is that any employer receiving federal grants must be completely drug-free. Keep in mind, the Drug-Free Workplace Act of 1988 doesn’t specifically reference testing in the workplace.

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So, what does all of this mean? It’s state law that will govern whether employer drug testing is legal or not, and these laws vary between states. For the most part, testing by employers is legal as long as the applicant is notified that it will be happening for all employees. When an employer tries to get away with only testing certain applicants, that’s when they can get themselves into hot water. Keep in mind; you can only ever be tested by an employer if you agree to the test. Testing without proper authorization can leave employers open for lawsuits.

History of Drug Test in America

After learning about the general practice of drug testing, you may be curious as to why it happens. In fact, in 2006 the country saw 84% of private employers participate in drug testing their applicants before making a job offer. The history of drug testing is pretty recent, dating back to the beginning of the 1900s and becoming more widespread during the Reagan era.